Public-domain · open source
OpenJurist

Nullus

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

No; no person. The initial word of several Latin maxims and phrases, among which are the following: Nu Uus commodnm capere potest de injuria sua propria. No one shall take advantage of his own wrong. This maxim applies alike whether one seeks to take advantage of his own wrong as a cause of action or as a defence. And the word injuria — translated wrong — has a signification in this connection wider than that sometimes given to it. Thus in cases of contracts, where a party binds another to a condition impossible to be performed, or does some act which renders performance of the contract by the other party impossible, this is a wrong on his part from which the law will not permit him to derive advantage. So a creditor who, taking advantage of his insolvent debtor's position, has compelled the debtor to give him an obligation to pay the debt in full, as a condition of his acceding to a composition, or who has taken a fraudulent conveyance of the debtor's goods, to the injury of other creditors, will not be allowed to retain or enforce the advantage thus obtained. For further illustrations of the principle, see Brown Max.; Whart. Max. Nu Uus videtur dolo facere qui suo jure utitur. No one is deemed to act wrongfully who is exercising a right. Within limits, an exercise of one's right is not an actionable tort, though maliciously done, and injurious, and so of the performance of an act authorized by law. But this is met by another principle; sic utere tuo ut alienum non Icedas of fieri facias, where he has found no goods of the party named in the writ whereon to levy. The emphatic words of the return in Latin indorsed upon the writ give the name to the return.

Nulla persona

No person. Persona means a being regarded as having rights and being subject to obligations; the word Includes not only natural persons, but artificial ones, even cities; and includes those who have not acquired or have forfeited or sun-endered theii' rights, as rebels, infants and (under former laws) married women. Trayn. Nullum arbitrium.

No award

The name of a plea in an action on an arbitration bond, for not fulfilling the award, by which the defendant alleges that there was no award.

Nullum ezemplum est idem omnibus

No example is the same for all purposes.

Nu Uuta fecerunt arbitrium

They made no submission. The name of a plea in an action upon an obligation for performance of an award, by which the defendant denies that any submission to arbitration was made.

Nullum simile est idem

No like thing is the same; similarity is not identity. Thus, to hold an estate as a freehold is not to have a freehold. A check nearly resembles a bill of exchange, but it is not the same thing. So partnership resembles both joint tenancy and tenancy in common, yet it differs from both in important particulars.

Story Partn. § 90; Burrill.

Nullum simile quatuor pedibus currit

No simile runs on four feet. A simile is not to be expected to hold in every thing; to go on all-fours.

Nullum tempus occurrit regi

No time runs against the king; lapse of time does not bar a right of the sovereign. The law determines that there can be no negligence or laches in the sovereign, and therefore no delay in asserting his remedy would bar the king's right. From this doctrine it followed not only that the civil claims of the sovereign sustained no prejudice by lapse of time, but that criminal prosecutions for felonies or misdemeanors The doctrine has always been subject to exceptions {Broom. Max. 65), and has been largely qualified by legislation in modern times; so that not only must indictments and prosecutions for criminal offences be commenced within certain designated periods, but civil rights of action of the government may be lost by failure to prosecute or assert them within a limited time. In England, several statutes have, from time to time, made inroads, for the public welfare, into this royal prerogative. By statute, the crown is not to sue for lands, tenements, rents, &c., other tlian liberties and f rancliises, where the parties have been in possession sixty years before the commencement of the suit; nor to sue after sixty years for any lands, tenements, rents, &c., by reason of any such lauds, &c., having been in charge to the crown; nor after adverse possession of lands for twenty years, save by information of intrusion. To criminal prosecutions at common law, at the suit of the crown, there is no limitation; but, by statute law, proceedings for many minor offences are required to be taken within a limited period. The maxim under consideration does not apply to lands, &c., purchased by the sovereign out of the privy purse. Whart. Max. Nullum tempus occurrit reiptablicae. No time runs against the commonwealth; lapse of time does not bar a right of the state. It is in this form that the preceding maxim is quoted in the United States, as applicable to rights of action by the government; subject, of course, to similar exceptions and limitations imposed by statutes.